How to be an effective expert witness

  • M. R. Young
UK: Fivenine Limited price £30.00 hard copy/£23.00 Kindle; pp 63 Available via Amazon

This book is based on Dr Young's many years' experience as an independent dental expert witness and on his special interest in the art of writing reports. This text is primarily aimed at aspiring, novice or inexperienced medical and dental expert witnesses. The aim of the book is to provide a framework within which knowledge, skills and practice can be developed. It illustrates what a medical or dental expert will be expected to know and it endeavours to show how to do it well. The author has recognised the innate problems of communicating between not just two different disciplines but different intellectual cultures. In essence, it is a thoughtful, well crafted text which is eminently readable. This text deserves to become the vade mecum for the clinician acting as an expert witness.

Dr Young reiterates the Oxford English Dictionary definition of an expert as 'a person who has great knowledge or skill in a particular area'. He proceeds to explore the five key skills required to be a successful expert and defines the key elements involved. Sections demonstrate how to get started and explain the importance of getting established on a national expert witness organisation. Paragraphs are devoted to the importance of your CV as a vital marketing tool. The author discusses marketing strategies including the '4 Ps': product, place, price and promotion. Emphasis is placed on feedback questionnaires.

The importance of being familiar with the relevant NHS complaints process is reinforced. It is imperative to acquire knowledge about the civil legal process. The typical stages for a clinical negligence claim are highlighted. The Bolam and Bolitho tests are succinctly explained. Dr Young discusses the criteria required for the establishment of negligence. Further sections are devoted to time management skills. The Data Protection Act is mentioned and the importance of compliance is reinforced. Dr Young uses Kipling's Six serving men as an acronym in effective letter writing.

Writing reports is the main activity of all expert witnesses and tabulating information to aid in comparing and contrasting events is recommended. Further recommendations are made in the micro and macrostructure of the report. The minimum information required for Terms of Business is clearly illustrated. Guidance is given for writing the liability, causation and prognosis reports. A final section discusses the Case Conference, the Experts Meeting and the Court appearance. The text concludes by reminding the expert witness to declare earnings to her Majesty's Revenue and Customs.

The key elements fundamental in becoming an excellent expert witness are summarised in a coherent fashion by Dr Young. The aspiring medical or dental expert witness will not find a better guide and I recommend this book without reservation.